COMMONWEALTH, DEPT. OF HIGHWAYS v. VANDERTOLL


388 S.W.2d 358 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. John J. VANDERTOLL et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 26, 1965.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Marshall B. Woodson, Jr., Louisville, for appellant.

James Boswell Young, Louisville, for appellees.


STEWART, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court holding appellant, Commonwealth of Kentucky, Department of Highways, had no authority to condemn a certain parcel of land belonging to appellees, John J. Vandertoll and his wife, Marteyna, because, as found by the trial court: "No reasonable necessity is shown by appellant for the taking of land in excess of that shown on the maps of appellant for the requirements of the highway itself...

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